I just need some advice. My childrens father (we are still not divorced) owes 50k in arrears. He claims he is disabled and is receiving Social Security. He had been receiving SS for approx. 1 1/2 years and had not reported it to the Child Support Enforcement Bureau in NY. I cqught up with it and my kids received retro SS and my son will be receiving a payment ($666) til his 18th Bday in Oct.

I notified Child Support and they began garnishing his SS check ($856/mo.).

In the meantime, my elderly mother turned the house we are living in over to me. It is falling down, so with the CS payment, I was able to get a small mortgage to fix it up as it has been in disrepair for a long time. I did this thinking that he will actually have to pay this time. Not so. Last month I received a summons to appear in court June 13. He says he only gets $1300/mo and cannot live on the money after garnishment. He wants to have his payments lowered to just $50/per week for both kids (17&18)! I work, but I only earn 10K per year. Can he possibly get his way even after being in arrears of $50,000??? He is a verteran living in Nevada with his brother. I am even thinking he also might be getting Veterans Benefits, but I cannot find out this info through the VA.

We live in New York State in Suffolk County, everything is expensive. Between paying property taxes, mortgage payment, homeowners insurance if he gets his way this will be an extreme detrement to us.

Please someone help. I cannot get any legal representation for court without paying big bucks. :confused: :(

You have to leave him with subsistence. The thing you need to find out is what is subsistence for Nevada. Usually, you can find out what the subsistence income is for a state online. I found this at a Reno Legal Services site:
Family Benefits

If I retire or become disabled, can my family get benefits with me?
Yes. As you work you are also building up protection for your family. Subject to the limitation explained below, qualified family members may receive a check of up to 50% of your retirement or disability benefit. Benefits may be payable to:
your unmarried children under 18 (under 19 if in high school) or 18 and older if disabled before age 22.
your spouse, if 62 or older (or any age if carrying for qualified child who is under 16 or disabled).
your divorced spouse (who was married to you for at least 10 years) if 62 or older and unmarried.

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So you can get max half of his federal disability for the kids. If he is getting VA benefits, then that would affect the calculations and may have its own limitations on being garnished for child support, usually no more than half can be taken, but it depends on the program, its guidelines and the law as I have heard some limit payment to the injured party only or limit the amount subject to child support and apply a subsistence test.

Another way to find out what the state considers subsistence is to look at the child support guidelines and policy for the state that is handling the child support proceedings. The subsistence amount, based on state policy, may vary based on the number of kids needing support. If you believe he has VA benefits, then you need to make this known to the court and state the best proof that you have of this to include this income in the court's calculation.

Just wish I had found this site earlier. Thanks.